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This article was originally published on June 1, 2022 and has been updated to reflect recent legal developments.

The following post does not create a lawyer-client relationship between Alburo Alburo and Associates Law Offices (or any of its lawyers) and the reader. It is still best for you to engage the services of a lawyer or you may directly contact and consult Alburo Alburo and Associates Law Offices to address your specific legal concerns, if there is any.

Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.

AT A GLANCE:

Under Article 659 of the Civil Code, the existence of an easement of party wall is presumed, unless there is a title, or exterior sign, or proof to the contrary: (1) In dividing walls of adjoining buildings up to the point of common elevation; (2) In dividing walls of gardens or yards situated in cities, towns, or in rural communities; (3) In fences, walls and live hedges dividing rural lands.

Legal easements are ones imposed by law, and which have, for their object, either public use or interest of private persons, as opposed to voluntary easements that are established by the agreements of the parties. The different legal easements are: (a) easement relating to waters; (b) right of way; (c) party wall; (d) light and view; (e) drainage; (f) intermediate distances; (g) easement against nuisance; and (h) lateral and subjacent support. (Spouses Garcia v. Santos, G.R. No. 228334, June 17, 2019)

This discussion focuses on the easement of party wall as provided in the Civil Code of the Philippines.

Presumption of Easement of Party Wall

Under Article 659 of the Civil Code, the existence of an easement of party wall is presumed, unless there is a title, or exterior sign, or proof to the contrary:

1. In dividing walls of adjoining buildings up to the point of common elevation;
2. In dividing walls of gardens or yards situated in cities, towns, or in rural communities;
3. In fences, walls and live hedges dividing rural lands.

Exterior Signs Contrary to the Easement

The law also provides instances where the presumption of a party wall does not apply. Under Article 660 of the Civil Code, it is understood that there is an exterior sign, contrary to the easement of party wall:

1. Whenever in the dividing wall of buildings there is a window or opening;
2. Whenever the dividing wall is, on one side, straight and plumb on all its facement, and on the other, it has similar conditions on the upper part, but the lower part slants or projects outward;
3. Whenever the entire wall is built within the boundaries of one of the estates;
4. Whenever the dividing wall bears the burden of the binding beams, floors and roof frame of one of the buildings, but not those of the others;
5. Whenever the dividing wall between courtyards, gardens, and tenements is constructed in such a way that the coping sheds the water upon only one of the estates;
6. Whenever the dividing wall, being built of masonry, has stepping stones, which at certain intervals project from the surface on one side only, but not on the other;
7. Whenever lands inclosed by fences or live hedges adjoin others which are not inclosed.

In all these cases, the ownership of the walls, fences or hedges shall be deemed to belong exclusively to the owner of the property or tenement which has in its favor the presumption based on any one of these signs. (Article 660, Civil Code)

Costs of Construction and Maintenance

As a general rule, Article 662 of the Civil Code provides that the cost of repairs and construction of party walls and the maintenance of fences, live hedges, ditches, and drains owned in common, shall be borne by all the owners of the lands or tenements having the party wall in their favor, in proportion to the right of each.

Nevertheless, any owner may exempt himself from contributing to this charge by renouncing his part-ownership, except when the party wall supports a building belonging to him. 

Demolition and Part-Ownership

If the owner of a building, supported by a party wall desires to demolish the building, he may also renounce his part-ownership of the wall, but the cost of all repairs and work necessary to prevent any damage which the demolition may cause to the party wall, on this occasion only, shall be borne by him. (Article 663, Civil Code)

Increasing the Height of the Wall

Pursuant to Article 664 of the Civil Code states that every owner may increase the height of the party wall, doing so at his own expense and paying for any damage which may be caused by the work, even though such damage be temporary.

The expenses of maintaining the wall in the part newly raised or deepened at its foundation shall also be paid for by him; and, in addition, the indemnity for the increased expenses which may be necessary for the preservation of the party wall by reason of the greater height or depth which has been given it.

If the party wall cannot bear the increased height, the owner desiring to raise it shall be obliged to reconstruct it at his own expense and, if for this purpose it be necessary to make it thicker, he shall give the space required from his own land.

Acquisition of Part-Ownership

Under Article 665 of the Civil Code provides that the other owners who have not contributed in giving increased height, depth or thickness to the wall may, nevertheless, acquire the right of part-ownership therein, by paying proportionally the value of the work at the time of the acquisition and of the land used for its increased thickness. 

Use of Party Wall

Finally, Article 666 of the Civil Code states that every part-owner of a party wall may use it in proportion to the right he may have in the co-ownership, without interfering with the common and respective uses by the other co-owners. (Article 666, Civil Code)

Related Articles:

• WHAT IS EASEMENT?
• How Are Easements Acquired?
• EASEMENT OF LIGHT AND VIEW
• EASEMENT OF RIGHT OF WAY
• Amendments in the Right-of-Way Act
• CAUSES FOR EXTINGUISHMENT OF THE EASEMENT OF RIGHT OF WAY

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Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries regarding legal services, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/ 09175772207/ 09778050020.

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